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- Alaska Statutes.
- Title 25. Marital and Domestic Relations
- Chapter 30. Uniform Child Custody Jurisdiction and Enforcement Act
- Section 490. Warrant to Take Physical Custody of Child.
previous: Section 480
. Hearing and Order.
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. Costs, Fees, and Expenses.
AS 25.30.490. Warrant to Take Physical Custody of Child.
- (a) On the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified
application for the issuance of a warrant to take physical custody of the child if the child is imminently likely
either to suffer serious physical harm or to be removed from this state.
- (b) If the court, on the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer
serious physical harm or to be removed from this state, it may issue a warrant to take physical custody of the child.
The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In
that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must
include the statements required for petitions under AS 25.30.460
- (c) A warrant to take physical custody of a child must
- (1) recite the facts on which a conclusion of imminent serious physical harm or removal from the state is based;
- (2) direct law enforcement officers to take physical custody of the child immediately; and
- (3) provide for the placement of the child pending final relief.
- (d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical
- (e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of
the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law
enforcement officers to enter private property to take physical custody of the child. If required by exigent
circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
- (f) The court may impose conditions on placement of a child to ensure the appearance of the child and the child's
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